ANCESTRAL PROPERTY CAN BE SETTLED ON ONE OF THE HEIR
MOHAN ILAYARAJA
(Querist) 11 November 2010
This query is : Resolved
DEAR EXPERTS,
Can a male person settle his property infavour one daughter leaving behind other son. All belong to Hindu in pondicherry. Note the property is an ancestral property.
R.Ramachandran
(Expert) 11 November 2010
If it is an ancestral property, then after the 2005 amendment to the HSA, 1956, even the daughters have an equal share as that of a son. All the co-parcenars have an equal share. No one can be denied. However, after such partition, if the father wants to give his share (i.e. the share which fell to him in the partition), to his daughter he can do so, because then it is his separate property.
s.subramanian
(Expert) 12 November 2010
Since you are from Pondicherry,it is better to consult a local lawyer in this regard since I believe that French Laws are applied in certain cases on matters which are based on customs.What is recognised and applied in Pondy is the Coromandal Hindu law which is a blend of Mitakshara,Dayabhaga,Aliyasanthana forms of Hindu law which are in vogue in other parts of India. it does not recognise Joint Family system and co parcenary system . The son also does not get any right by birth. French Code civil has to studied in depth. That is why I advise you to approach and take the advice from the local lawyer who is conversant with these laws. I can suggest the name of Mr.V.Govindaradjou, Advocate, M.G.Road,Next to Petit Seminary School,Pondicherry. Mobile No.9443217108. Wish you good luck.
Sri Vijayan.A
(Expert) 12 November 2010
I agree with Mr.Ramachandran
